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105
The Law Committee referred the subject to a SubCommittee
who reported as follows :—
" Your sub-committee have had before them the correspondence
between the Vestry and the London
County Council on this subject, and the report of the
Medical Officer of Health on "offensive smells in
streets." They have also considered the various sections
in different Acts of Parliament bearing on the same
subject, and advise the Committee that, as to gullies,
traps, and ventilators of sewers, the property of the
Vestry, there is a clear liability upon the Vestry in
respect of nuisance arising therefrom.
" It must not be forgotten that the duty to cleanse every
grating or gully in a street (except in streets cleansed
by the Council), whether the gratings and gullies
belong to the Council or the Vestry, is by the London
County Council (General Powers) Act, 1894, transferred
to the Vestry.
" As to sewers vested in the London County Council,
the obligation to cover and keep so as not to be a
nuisance or injurious to health is upon the Council
under section 135 of the Act of 1855.
" Power is given to the Vestry (but only with the consent
of and after notice to the Council) to prevent effluvia
from exhaling from main sewers, and in respect of
these London County Council sewers we advise that
the London County Council are liable for nuisance
occasioned by smells, and not the Vestry.
"We recommend that the Works and Sanitary Committee
be informed—
1. That they are bound to prevent the Vestry sewers,
gully-holes and traps from being a nuisance, and